Why did Henry VIII need a dispensation to marry his brother’s widow, Catherine of Aragon?

Full Question

Why did England’s King Henry VIII, who had never been married, need a dispensation from Rome to marry his brother’s widow, Catherine of Aragon? Would the Church prohibit such a marriage today?

Answer

Henry VIII (reigned 1509–1547) was granted a dispensation from the impediment of affinity. Today, the impediment of affinity arises between a person and his or her spouse’s direct-line relatives. For example, a widower is impeded from marrying his deceased wife’s mother, grandmother, daughter, granddaughter, etc. (CIC 1092).

In the sixteenth century, though, the impediment of affinity came about merely through intercourse (marriage was not required) and extended further than the direct line of relatives. Since it was presumed that Catherine of Aragon had intercourse with her husband, Henry’s brother, the impediment of affinity had to be dispensed before Catherine and Henry could validly marry.
—Jim Blackburn

1 comment

It was also interesting that such a dispensation was never received with his marriage to Anne Boleyn, as he had two children by her sister Mary Boleyn. This argument was later used as evidence for Henry to dissolve his marriage to Anne.